S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4982
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to protecting employee  free-
   dom of speech and conscience
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph c of subdivision 1 of section 201-d of the  labor
 law, as added by chapter 776 of the laws of 1992, is amended and two new
 paragraphs d and e are added to read as follows:
   c.  "Work  hours"  shall mean, for purposes of this section, all time,
 including paid and unpaid breaks and meal periods, that the employee  is
 suffered,  permitted or expected to be engaged in work, and all time the
 employee is actually engaged in  work.  This  definition  shall  not  be
 referred  to  in determining hours worked for which an employee is enti-
 tled to compensation under any law including article  nineteen  of  this
 chapter[.];
   D.  "POLITICAL  MATTERS"  SHALL MEAN MATTERS RELATING TO ELECTIONS FOR
 POLITICAL OFFICE, POLITICAL PARTIES,  LEGISLATION,  REGULATION  AND  THE
 DECISION  TO  JOIN  OR  SUPPORT ANY POLITICAL PARTY OR POLITICAL, CIVIC,
 COMMUNITY, FRATERNAL OR LABOR ORGANIZATION;
   E. "RELIGIOUS MATTERS" SHALL MEAN MATTERS RELATING TO RELIGIOUS AFFIL-
 IATION AND PRACTICE AND THE DECISION TO JOIN OR  SUPPORT  ANY  RELIGIOUS
 ORGANIZATION OR ASSOCIATION.
   § 2. Paragraphs c and d of subdivision 2 of section 201-d of the labor
 law,  paragraph c as amended by chapter 92 of the laws of 2021 and para-
 graph d as added by chapter 776 of the laws of 1992, are amended to read
 as follows:
   c. an individual's legal recreational activities,  including  cannabis
 in  accordance with state law, outside work hours, off of the employer's
 premises and without use of the employer's equipment or other  property;
 [or]

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05636-01-3
              

 S. 4982                             2
 
   d.  an  individual's  membership  in a union or any exercise of rights
 granted under Title 29, USCA, Chapter 7 or under article fourteen of the
 civil service law; OR
   E.  AN INDIVIDUAL'S REFUSAL TO: (I) ATTEND AN EMPLOYER-SPONSORED MEET-
 ING WITH THE EMPLOYER OR ITS  AGENT,  REPRESENTATIVE  OR  DESIGNEE,  THE
 PRIMARY  PURPOSE  OF  WHICH  IS  TO  COMMUNICATE  THE EMPLOYER'S OPINION
 CONCERNING RELIGIOUS OR POLITICAL MATTERS; OR (II) LISTEN TO  SPEECH  OR
 VIEW  COMMUNICATIONS, THE PRIMARY PURPOSE OF WHICH IS TO COMMUNICATE THE
 EMPLOYER'S OPINION CONCERNING RELIGIOUS OR POLITICAL MATTERS.
   § 3. Section 201-d of the labor law is amended  by  adding  three  new
 subdivisions 8, 9 and 10 to read as follows:
   8.  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT: (I) AN EMPLOYER OR ITS
 AGENT, REPRESENTATIVE OR DESIGNEE FROM COMMUNICATING  TO  ITS  EMPLOYEES
 ANY INFORMATION THAT THE EMPLOYER IS REQUIRED BY LAW TO COMMUNICATE, BUT
 ONLY  TO  THE  EXTENT OF SUCH LEGAL REQUIREMENT; (II) AN EMPLOYER OR ITS
 AGENT, REPRESENTATIVE OR DESIGNEE FROM COMMUNICATING  TO  ITS  EMPLOYEES
 ANY  INFORMATION  THAT  IS NECESSARY FOR SUCH EMPLOYEES TO PERFORM THEIR
 JOB DUTIES; (III) AN INSTITUTION OF  HIGHER  EDUCATION,  OR  ANY  AGENT,
 REPRESENTATIVE  OR  DESIGNEE  OF  SUCH INSTITUTION, FROM MEETING WITH OR
 PARTICIPATING IN ANY COMMUNICATIONS WITH ITS EMPLOYEES THAT ARE PART  OF
 COURSEWORK,  ANY  SYMPOSIA  OR  AN ACADEMIC PROGRAM AT SUCH INSTITUTION;
 (IV) CASUAL CONVERSATIONS BETWEEN EMPLOYEES OR BETWEEN AN  EMPLOYEE  AND
 AN  AGENT,  REPRESENTATIVE  OR DESIGNEE OF AN EMPLOYER, PROVIDED PARTIC-
 IPATION IN SUCH CONVERSATIONS IS NOT  REQUIRED;  OR  (V)  A  REQUIREMENT
 LIMITED TO THE EMPLOYER'S MANAGERIAL AND SUPERVISORY EMPLOYEES.
   9.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO A RELIGIOUS
 CORPORATION, ENTITY, ASSOCIATION,  EDUCATIONAL  INSTITUTION  OR  SOCIETY
 THAT  IS  EXEMPT  FROM THE REQUIREMENTS OF TITLE VII OF THE CIVIL RIGHTS
 ACT OF 1964 PURSUANT TO 42 USC 2000E-1(A)  WITH  RESPECT  TO  SPEECH  ON
 RELIGIOUS  MATTERS  TO  EMPLOYEES  WHO  PERFORM  WORK CONNECTED WITH THE
 ACTIVITIES UNDERTAKEN BY SUCH  RELIGIOUS  CORPORATION,  ENTITY,  ASSOCI-
 ATION, EDUCATIONAL INSTITUTION OR SOCIETY.
   10.  EVERY  EMPLOYER  SHALL  POST  A  SIGN  IN  EVERY WORKPLACE AT THE
 LOCATION OR LOCATIONS WHERE NOTICES TO EMPLOYEES ARE NORMALLY POSTED, TO
 INFORM EMPLOYEES OF THEIR RIGHTS PURSUANT TO THIS SECTION.
   § 4. This act shall take effect immediately.